Customs Act 1901

The Commissioner must, after conducting a review of anti‑dumping measures and within 155 days after the date of publication of the notice under subsection 269ZC(4), (5) or (6) in relation to those measures or such longer period as the Minister allows under section 269ZHI, give the Minister a report recommending:

to the extent that the measures involved the publication of a dumping duty notice or a countervailing duty notice:

that the notice remain unaltered; or

that the notice be revoked in its application to a particular exporter or to a particular kind of goods or revoked generally; or

that the notice have effect in relation to a particular exporter or to exporters generally, as if different variable factors had been ascertained; and

to the extent that the measures involved the acceptance by the Minister of an undertaking:

that the undertaking remain unaltered; or

that the Minister seek a variation of the terms of the undertaking as indicated in the Commissioner’s report; or

that the Minister indicate to the person who gave the undertaking that the undertaking is no longer acceptable and that the investigation of the need for a dumping duty notice or a countervailing duty notice, as the case requires, covering that person is to be resumed; or

that the Minister indicate to the person who gave the undertaking that the person is released from the undertaking and that the investigation of the need for a dumping duty notice or countervailing duty notice covering that person is terminated.

After conducting a review of anti‑dumping measures under this Division, the Commissioner:

must not make a revocation recommendation in relation to the measures unless a revocation review notice has been published in relation to the review; and

otherwise must make a revocation recommendation in relation to the measures, unless the Commissioner is satisfied as a result of the review that revoking the measures would lead, or be likely to lead, to a continuation of, or a recurrence of, the dumping or subsidisation and the material injury that the measures are intended to prevent.

Nothing in this section is to be taken to imply that the Commissioner cannot simultaneously make the same recommendation in relation to more than one exporter or person giving an undertaking.

Subject to subsection (4), in deciding on the recommendations to be made to the Minister in the report, the Commissioner:

must have regard to:

the application or request for review; and

any application to extend the review that was not rejected; and

any request to extend the review; and

any submission relating generally to the review to which the Commissioner has had regard for the purpose of formulating the statement of essential facts in relation to the review; and

that statement of essential facts; and

any submission made in response to that statement that is received by the Commissioner within 20 days after the placing of that statement on the public record; and

may have regard to any other matter that the Commissioner considers to be relevant to the review.

The Commissioner is not obliged to have regard to any submission made in response to the statement of essential facts that is received by the Commissioner after the end of the period referred to in subparagraph (3)(a)(iv) if to do so would, in the Commissioner’s opinion, prevent the timely preparation of the report to the Minister.

The report to the Minister must include a statement of the Commissioner’s reasons for any recommendation contained in the report that:

sets out the material findings of fact on which that recommendation is based; and

provides particulars of the evidence relied on to support those findings.